Bed bugs are becoming an increasing problem in rentals? Under Washington state law landlords are obligated to manage infestations in rental units, except in single family residences or when the infestation is caused by the tenant. In order to hold the tenants responsible the owner would have to be able to demonstrate that the infestation was caused by the tenant, which can be difficult to do. Also, it may not be in the owner’s best interests to have the tenants attempt to exterminate pests that can do property damage themselves.
Lease termination in Washington State
In Washington State a tenant may validly terminate a lease before the end of the term for three reasons: domestic violence or stalking; military orders or because of repairs not being completed. A tenant can only be evicted mid-term for cause – for somehow violating the terms of the lease, such as not paying rent or seriously damaging the property. In all instances there is a defined process that must be carefully followed.
Rental Maintenance Issues
Critical maintenance issues have to be addressed even if a tenant is behind in rent? For example, a tenant who is being evicted for non-payment of rent still has the right to a working heating system. Furthermore, while the Washington State Landlord/Tenant Act restricts the actions a tenant can take to force a landlord to make general repairs if the rent is not current, the tenant may claim that the rent hasn’t been paid because the work wasn’t done.
Seattle Washington – Rental Property Inspections
The city of Seattle has passed an ordinance requiring registration and inspection of all rental properties beginning in 2014?
Under the legislation all properties with 10 or more rental units will have to register with the city by July 1, 2014; from five to nine units by December 31, 2014, and from one to four units by December 31, 2016. Property owners initially will complete a checklist certifying that the housing meets city health and safety codes. The plan is for all rental units to be inspected within 10 years and, once inspected, to be on a five-year cycle for re-inspection.
Seattle is the fourth city in the state to create such a requirement for registration and inspections. Des Moines’ and Burien’s were largely overturned by the courts but Pasco’s was upheld, which prompted Seattle City Council’s directive.
Did You Know?
That if a written accounting of the tenant’s deposit is not mailed within fourteen days of vacating the premises, that nothing can be taken out of the deposit? In fact, a judge can require a landlord to pay the tenant twice the amount of the deposit if a landlord does not comply with this requirement.
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Tenant deposit accounting may leave you with nothing!
That if a written accounting of the tenant’s deposit is not mailed within fourteen days of vacating the premises, that nothing can be taken out of the deposit? In fact, a judge can require a landlord to pay the tenant twice the amount of the deposit if a landlord does not comply with this requirement.
Did You Know…
That a tenant has basic rights in Washington, including the right to a clean and sanitary home, some form of heat and electricity, the right to hold the landlord liable for any damage caused by the landlord’s negligence, and the right to not be discriminated against by a landlord? In addition, tenants are protected from being locked out of their apartment or having their property seized by their landlord. Tenants also have the right to not have their utilities cut off if they can’t pay their rent, and to not be retaliated against by their landlord if they complain to governmental authorities about the rental’s condition or the landlord.
Breaking the lease might break the bank!
That if a tenant breaks a lease the landlord is required to make a good faith effort to re-rent the property? The courts usually interpret requirement as meaning that the property must be marketed for rent for the same terms – such as rent and deposits – as the vacating tenant had. If the landlord decides to sell the property instead of renting it again, s/he has not complied with this requirement and probably cannot charge the tenant for lost rent.
That there is no three day (or other time frame) right of rescission on a lease? There’s also no provision for a neighborhood review and no Form 17. Due diligence must be done before the lease is signed. Once the lease is signed it’s a “done deal.”
Realistic Late Fees
That per the Washington State Landlord Tenant Act late fees must be “reasonable” and not punitive? The courts typically interpret this as being a maximum of $50 or 10% of one month’s rent, whichever is higher. The NWMLS lease actually indicates a maximum of 10% of one month’s rent. The safest bet is to take 10% of one month’s rent and divide that amount by 30 to come up with a daily amount. The courts have been known to disallow any late fee at all if the late fee is found to be punitive.